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BASIC OVERVIEW RONNETTE RAMOS CAROLYN GOLD SAN FRANCISCO APRIL 22, 2008 LANDLORD- TENANT LAW Slide 2 OVERVIEW General Overview of the Eviction Process Basic Notices to Terminate the Tenancy Review Unlawful Detainer Case * Summons/Complaint * Answer Default Process Sheriff Lock - Out Slide 3 GENERAL OVERVIEW OF THE EVICTION PROCESS Slide 4 WAYS TO TERMINATE A TENANCY FAILURE TO PAY RENT a. 3 Day Notice to Pay Rent or Quit TENANT IS IN VIOLATION OF ANY PROVISION OF THE LEASE OR AGREEMENT a. 3 Day Notice to Perform Covenant or Quit aka 3 Day Notice to Cure or Quit TENANT MATERIALLY DAMAGES THE PROPERTY OR INTERFERED WITH OTHER TENANTS a. 3 Day Notice to Quit (Waste or Nuisance) NOTICE TO QUIT a. Ex: 3 / 30 / 60 / or 90 Day Notice to Quit Slide 5 NOTICE TO PAY RENT OR QUIT 3 Day Notice to Pay Rent or Quit 1.3 days begins on the first day after service of the notice a.If the 3 rd day falls on a Saturday, Sunday or legal holiday the three- day period will not expire until the following Monday or non-holiday 2.Notice must accurately state amount of rent that is due a.Late charges is NOT rent unless stated in written agreement 3.Notice must conform to CCP 1161(2) a.Must list the amount of rent due, name, address and telephone number of the person to pay rent to b.If payment made in person the usual days and hours the person is available to receive the rent payment Slide 6 NOTICE TO PERFORM (CURE) OR QUIT Notice must be specific enough to allow Tenant to know what to do to cure the breach or lease violation Los Angeles Rent Stabilization Ordinance (LARSO) requirements: Date of the alleged circumstances; Names of witnesses; Place of alleged circumstances and Specific circumstances Slide 7 3 DAY NOTICE TO QUIT (FOR CAUSE) Landlord can serve the Tenant with a notice to vacate if the Landlord believes the Tenant is (a)committing waste (b)creating a nuisance on the premises or (c)using it for an illegal purpose. Waste i.e. destroying the property Nuisance i.e. dumping garbage or seriously and repeatedly disturbing other Tenants or neighbors Illegal purpose i.e. selling drugs on property Slide 8 NOTICE TO QUIT (NO CAUSE) * 3 Day Notice to Quit (a) Owner / Post foreclosure * 30 Day Notice to Quit (a)Applicable if Tenant lived there for less than 1 year (b)If property is subject to rent control, then the notice must state a just cause or pay relocation fees (c)Tenant / Post foreclosure * 60 Day Notice to Quit (a)Applicable if Tenant lived there for more than 1 year (b)If property is subject to rent control, then the notice must state a just cause or pay relocation fees * 90 Day Notice to Quit (a)Applicable to 8 Tenants (b)If 8 housing is subject to rent control, then the notice must state a just cause Slide 9 SUMMONS Summons must be served on the Tenant named on the Complaint by proper service Service requirements: Anyone over 18 and not party to the case (1)Personal (2)Substituted (3)Nail and Mail Slide 10 UNLAWFUL DETAINER COMPLAINT Slide 11 COMPLAINT Complaint is filed by Landlord and served on the Tenant along with the Summons CCP 1166 (a) The Complaint shall: (1) Be verified and include the name of the person verifying the complaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) State the amount of rent in default. (5) State specifically the method used to serve the defendant. (c) (1) In an action regarding residential property, the plaintiff shall attach to the complaint the following: (A) A copy of the notice or notices of termination served on the defendant. (B) A copy of any written lease or rental agreement regarding the premises. (2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a 5-day period in order to include the required attachments. Slide 12 ANSWER TO UNLAWFUL DETAINER Slide 13 ANSWER Allows the Tenant the opportunity to deny any statements in the Complaint or to allege new facts Tenant has 5 days to file a written response aka Answer from date of service Slide 14 DECLARATION FOR DEFAULT JUDGMENT Slide 15 REQUEST FOR ENTRY OF DEFAULT Slide 16 DEFAULT PROCESS If Tenant does not respond to Landlords Complaint the Landlord may ask the court for a Default against the Tenant Tenant loses case without a trial and Landlord has legal right to remove the Tenant from the premises after Default Judgment has been entered Tenant may ask the Court for a Motion to Set Aside Default Slide 17 WRIT OF POSSESSION Slide 18 Writ of Possession After Tenant loses, the Landlord may obtain Writ of Possession and serve on Tenant Tenant is Locked Out 5 Day Notice to Vacate Sheriff executes writ by serving 5-Day Notice to vacate Slide 19 QUESTIONS ? Slide 20 THANK YOU